Skip to main content
Sabrang
Sabrang
Rule of Law

95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report

The Crime in India 2020 report suggests that the detainees continue to be incarcerated in most cases without a charge, under the draconian law which leaves very little scope for bail

Sanchita Kadam 16 Sep 2021

UAPA

The National Crime Records Bureau (NCRB)’s Crime in India 2020 report indicates that the conviction rate in cases under the Unlawful Activities (Prevention) Act (UAPA) has decreased to a rate of 21.1% and in 2019 the conviction rate was 29.2%. The report gives an account of the different categories of crimes that have taken place in the year 2020 and how they have been dealt with by the law enforcement agencies and courts.

Among all states and Union Territories (UT), Jammu and Kashmir tops the list with a whopping 287 cases! The state of Manipur comes next with 169 cases, followed by Assam (76), Uttar Pradesh (72) and Jharkhand (69). Delhi (6) was the only other UT to register cases under UAPA.

As per the 2019 figures, when Jammu and Kashmir was still considered a state and not a UT, it had the second highest number (255) of cases, while Manipur still had the highest with 306 cases.

Comparison – Police disposal

The cases registered under UAPA were 1,226 in 2019 which reduced to 796 cases registered in the year 2020.

The cases pending investigation in 2019 were 3, 908 and in 2020 this number has increased to 4,021. The heading in the report indicates that 4,021 cases from the previous year (2019) are still pending investigation which means the 3,908 cases which carried forward from 2018 were added up to the 2019 cases and the cases pile is building up. This further indicates that more and more people continue to be incarcerated without any chargesheet against them. Out of the 4,021 cases from 2019, in 272 cases chargesheet has been filed and out of the 796 cases of 2020 itself, 126 cases were chargesheeted

Also, the total number of cases before the investigating agency pending for investigation is 4,827, as of the end of the year 2020. This number is a sum of the 4,021 cases from 2019 and the cases reported in 2020 which is 796 as also 10 cases that were reopened for investigation.

Further, in 297 cases the final report stated that there was insufficient evidence. The pendency of UAPA cases before the investigating agency, to complete investigation, is at the rate of 85%. The same pendency rate in the year 2019 was at 77.8%.

Comparison – Court disposal

Before the courts or the special courts that are designated specifically for trial of cases under UAPA, there are 2,244 cases pending trial from the year 2019 and 398 cases have been sent to trial in 2020 alone, which takes the total pendency of cases to 2,642. The pendency rate before courts is 94.6% which, in 2019 was at 95%. The total cases pending trial at the end of 2019 were 2,361.

Also, 1,321 persons were arrested under UAPA in 2020 while in 2019, a total of 1,948 persons were arrested. Understandably the cases and persons arrested saw a bit of a dip due the Covid-19 pandemic.

While in 2019, 4 UAPA cases were disposed of without trial, in 2020 the same number has risen to 14.

Now when it comes to conviction, 27 cases led to conviction while 99 led to acquittals and 2 cases were discharged. This means out of the 128 total cases where trial was completed, 21.1% resulted in conviction of the accused. In 2019, the conviction rate was slightly higher at 29.2%. In these cases, 80 persons were convicted while 116 were acquitted by the courts.

The report suggests a glaring pendency rate at both the investigation and trial level which indicates that the detainees continue to be incarcerated in most cases without a charge, under the draconian law which leaves very little scope for bail. Every year, the number of cases registered keeps piling up and the investigations take long with investigating agencies filing one supplementary chargesheet after another (as pointed out by Delhi High Court) and trial also takes considerably long. It is only after years of incarceration that only some handful of fortunate accused are able to secure bail in these cases and after much hardship.

The imposition of UAPA has been widely criticised in the legal fraternity as well as in civil society and it has now caught the attention of the UN Human Rights Commissioner as well who has raised concerns over its increased use.

Related:

Do citizens today have the right to peacefully oppose their government?

Failure to inform detenue of his right to representation vitiate detention order: MP High Court

Bombay HC extends Varavara Rao’s time to surrender to custody until Sept 25

95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report

The Crime in India 2020 report suggests that the detainees continue to be incarcerated in most cases without a charge, under the draconian law which leaves very little scope for bail

UAPA

The National Crime Records Bureau (NCRB)’s Crime in India 2020 report indicates that the conviction rate in cases under the Unlawful Activities (Prevention) Act (UAPA) has decreased to a rate of 21.1% and in 2019 the conviction rate was 29.2%. The report gives an account of the different categories of crimes that have taken place in the year 2020 and how they have been dealt with by the law enforcement agencies and courts.

Among all states and Union Territories (UT), Jammu and Kashmir tops the list with a whopping 287 cases! The state of Manipur comes next with 169 cases, followed by Assam (76), Uttar Pradesh (72) and Jharkhand (69). Delhi (6) was the only other UT to register cases under UAPA.

As per the 2019 figures, when Jammu and Kashmir was still considered a state and not a UT, it had the second highest number (255) of cases, while Manipur still had the highest with 306 cases.

Comparison – Police disposal

The cases registered under UAPA were 1,226 in 2019 which reduced to 796 cases registered in the year 2020.

The cases pending investigation in 2019 were 3, 908 and in 2020 this number has increased to 4,021. The heading in the report indicates that 4,021 cases from the previous year (2019) are still pending investigation which means the 3,908 cases which carried forward from 2018 were added up to the 2019 cases and the cases pile is building up. This further indicates that more and more people continue to be incarcerated without any chargesheet against them. Out of the 4,021 cases from 2019, in 272 cases chargesheet has been filed and out of the 796 cases of 2020 itself, 126 cases were chargesheeted

Also, the total number of cases before the investigating agency pending for investigation is 4,827, as of the end of the year 2020. This number is a sum of the 4,021 cases from 2019 and the cases reported in 2020 which is 796 as also 10 cases that were reopened for investigation.

Further, in 297 cases the final report stated that there was insufficient evidence. The pendency of UAPA cases before the investigating agency, to complete investigation, is at the rate of 85%. The same pendency rate in the year 2019 was at 77.8%.

Comparison – Court disposal

Before the courts or the special courts that are designated specifically for trial of cases under UAPA, there are 2,244 cases pending trial from the year 2019 and 398 cases have been sent to trial in 2020 alone, which takes the total pendency of cases to 2,642. The pendency rate before courts is 94.6% which, in 2019 was at 95%. The total cases pending trial at the end of 2019 were 2,361.

Also, 1,321 persons were arrested under UAPA in 2020 while in 2019, a total of 1,948 persons were arrested. Understandably the cases and persons arrested saw a bit of a dip due the Covid-19 pandemic.

While in 2019, 4 UAPA cases were disposed of without trial, in 2020 the same number has risen to 14.

Now when it comes to conviction, 27 cases led to conviction while 99 led to acquittals and 2 cases were discharged. This means out of the 128 total cases where trial was completed, 21.1% resulted in conviction of the accused. In 2019, the conviction rate was slightly higher at 29.2%. In these cases, 80 persons were convicted while 116 were acquitted by the courts.

The report suggests a glaring pendency rate at both the investigation and trial level which indicates that the detainees continue to be incarcerated in most cases without a charge, under the draconian law which leaves very little scope for bail. Every year, the number of cases registered keeps piling up and the investigations take long with investigating agencies filing one supplementary chargesheet after another (as pointed out by Delhi High Court) and trial also takes considerably long. It is only after years of incarceration that only some handful of fortunate accused are able to secure bail in these cases and after much hardship.

The imposition of UAPA has been widely criticised in the legal fraternity as well as in civil society and it has now caught the attention of the UN Human Rights Commissioner as well who has raised concerns over its increased use.

Related:

Do citizens today have the right to peacefully oppose their government?

Failure to inform detenue of his right to representation vitiate detention order: MP High Court

Bombay HC extends Varavara Rao’s time to surrender to custody until Sept 25

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives